Thursday, January 27, 2022

Life Changes - When You Need To Update Your Will

If you already have a will in place, Gibbons Law Firm commends you! It is something that far too many people put off and don’t get done. But not having a will, or having one that is not accurate or up-to-date, can be tragic if your estate has to go through probate and your ultimate wishes are not honored. As estate planning attorneys at Lake of the Ozarks, we know a will can also make it much easier for your heirs to get through the process of dividing your assets at a time when they’re already mourning. Unfortunately, families can sometimes end up in disputes and a will can help avoid fights from sparking over your assets. But if a will is not up-to-date, it can be as bad as not having one at all. If you would like to learn about three common life circumstances that can trigger a need to update your will, read on! This blog has the answers you are looking for.

1) Beneficiary Passes

When you love someone enough to make them beneficiary to your will, it is heartbreaking when they pass away. The last thing you’ll be thinking about is needing to update your will. But if your beneficiary has passed, and you don’t name a new one, your will can become irrelevant and ineffective in honoring your wishes for your estate. If the person you’ve named as your beneficiary passes away, you will want to reach out to an experienced estate planning attorney in mid-Missouri to have your will updated appropriately.

2) Divorce

If you have gotten a divorce since you had your will made, or are planning to divorce soon, and your spouse or ex is named in your will, that may be something you want to update. Our estate planning attorneys know just how to make the updates you need to support your wishes

3) Grandkids

Your kids have always meant the world to you, and now that you have grandchildren, they do too! As your children grow into adulthood and have children of their own, you may want to leave something for your grandchildren in your will. If your adult children are thriving and doing well on their own, it may be better for you to focus your efforts on securing your grandchildren‘s future educational needs, for example. A simple modification to your will can take care of that and make sure that your assets go to the people you want to receive them. If it is your desire to leave your grandchildren part of your state to help them get a head start in life, we can help you document your wishes legally.

Does your will reflect your life changes?

If the answer is no, we encourage you to schedule a consultation with Gibbons Law Firm to get that taken care of right away. You don’t want the courts deciding who will receive your assets, so let us help you document your wishes and protect what you have worked so hard to earn. If you have any questions whatsoever about updating your will at Lake of the Ozarks, we are happy to help. Be sure to follow us on social media using the links below to stay informed of all of our latest tips and information.


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

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Thursday, January 20, 2022

7 Ways to Help Your Personal Injury Case

When someone suffers a serious injury caused by someone else’s negligence, they may have a right to compensation for their injury and the expenses that come with it. As a personal injury lawyer at Lake at the Ozarks, Roger Gibbons has successfully represented countless clients in personal injury cases, and he very much believes in keeping his clients informed and educated about the process. He also knows there’s a lot a client can do to help or hurt their personal injury case in mid-Missouri. So, today’s blog is dedicated to seven ways you can help your personal injury case in central Missouri. If you have been injured due to someone else’s negligence and could use some helpful information as you navigate through your personal injury case, we invite you to read on!

Medical Treatment.

It is to your benefit and very important that you do seek medical treatment, and that you do not refuse medical treatment. It is amazing how many people will tell the ambulance they’re fine and not allow paramedics to check them out. Seeking medical treatment allows you to document your injuries and following the advice from medical professionals shows that you are doing everything you can to recover from your injuries and that you are not contributing to your own limitations.

Don’t Wait to Seek Advice.

Knowing what your rights are when you’ve been injured by someone else’s negligence is key to your case. The sooner you contact an attorney the sooner they can start investigating what happened and gathering evidence on your behalf. It is best that you know exactly what to do and where you stand from the beginning, so you set yourself up in the best possible position for your personal injury case.

Don’t Give Statements Without an Attorney.

It is extremely important that you do not give statements to the insurance company, the other parties involved, or really anyone, without having spoken to your attorney first. Ideally, your attorney should be present during any exchange like that. 

Document.

There are a lot of details that will come into play in your personal injury case. It is hard to remember everything, so the more you document the more details you will have to provide. You will want to write down what happened at the time of your injury, as well as details about your medical recovery process. Keeping track of doctor visits reports from the doctor, things that the insurance company may say or ask is also important. It is a great idea to keep a journal through the whole process so you have a place to keep those details and refer to when needed.

Don’t Volunteer Information.

You know the saying … “loose lips sink ships”. There are so many ways that talking about your injuries or the accident or the details of your case can come back to bite you. It is best to avoid conversations about your case or anything related to it. Even something like an inspiring quote on a Facebook post that talks about how you’re getting better or rising above your circumstances can be construed as you not being impacted by your injuries. The less said the better – with friends, coworkers, online, etc.

Be Honest.

Although some people may be tempted to exaggerate or make false statements regarding the extent of their injuries, it is detrimental to their credibility and their case. So, be honest about your pain, your limitations, your ability to work, how the accident happened, etc. 

Keep your Attorney Informed.

Good communication with your attorney is critical to the success of your case. Don’t keep secrets from your attorney, keep them in the loop regarding doctors’ reports or medical conditions or any changes. If you move or change jobs, don’t forget to let your attorney know. They are your partner in this process, so the more you work with your attorney, the more effective your attorney can be in looking out for your best interests.

Call Gibbons Law Firm today!

No one deserves to be injured because of someone else’s carelessness. When it happens, Gibbons Law Firm is here to help you receive the compensation you deserve. If you need a personal injury attorney in mid-Missouri, you want one that is thorough, and who believes in communication and working hand in hand with their client to achieve the best outcome possible. Roger Gibbons generally represents clients in personal injury cases on a contingency fee basis and receives compensation only when the case is resolved. To learn more about this process, please give us a call for your free consultation today. We can be reached at the phone number listed below. You can also stay up to date on our latest legal tips by following us on our social media channels listed below, as well.


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

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Friday, January 14, 2022

5 Myths and Misunderstandings Regarding Divorce in Missouri

When two people get married they are thinking about living “happily ever after.” They are certainly not focusing on the fact that half of all marriages end in divorce. So, if a couple finds themselves at the point where divorce is the only option, it can be very confusing and depressing. At Gibbons Law Firm, we have noticed a few myths or misconceptions people have about divorce. Because our family law attorneys in Lake Ozark are more familiar with the process than most people, we have answers to some common questions or myths.  If you are considering divorcing your spouse, and need more information about what it entails, we have some interesting information in today’s blog for you.

Myth #1
You can only divorce your spouse if they commit adultery.

Most states, including Missouri, are no-fault divorce states. That means that no marital misconduct has to be proven before you can file for divorce. In Missouri, the only requirement is that there is “no reasonable likelihood that the marriage can be preserved, and that the marriage is irretrievably broken.“ If you have irreconcilable differences and see no possibility for repairing the relationship, you are able to file for divorce in Missouri.

Myth #2
Getting divorced will involve an expensive court battle.

If the spouses are in agreement on division of property, custody, etc., the process doesn’t have to be adversarial. Having an experienced family law attorney working with you can help you determine how their assets and responsibilities should be divided, as well as child custody, and any other unique matters in a way that you believe can be mutually agreed upon by both spouses.  If your spouse is agreement on what the final outcome should be, it can be relatively straightforward to get that finalized legally with the help of a good attorney. 

Myth #3
You cannot get divorced unless both spouses agree.

This isn’t true. In Missouri, if a person no longer wants to be married, they do not have to be bound to their marriage. If the other spouse does not want to divorce, they may try to hinder the proceedings, and may very well make things more difficult. But they don’t actually have to agree in order for the divorce to take place.

Myth #4
The mother will automatically be given custody of the child.

When the court decides who to award custody to it will base the decision on eight statutory factors. It will not necessarily go to the children’s primary caregiver in the past or the parent with the highest income. You and your attorney will have the opportunity to prove to the court that you are the best choice based on those eight factors.  You will want to have an experienced divorce attorney in central Missouri who can guide you in proving that to the court.

Myth #5
If a spouse refuses to pay child support, he or she loses visitation rights.

You may not withhold visitation with your child from your ex because he or she is refusing to pay child support. Even if it seems like that’s the only way you are going to get your spouse to help pay for the expenses of raising your child, it is very unadvised to do so. If the court finds out you are withholding visitation rights from your spouse until you receive child support, there could be legal consequences. It can also cause unnecessary resentment between you and your child. If your spouse has been ordered to pay child support and bear their fair share of the financial responsibility of raising your child, and he or she refuses to honor that order, you should contact an attorney to decide the appropriate and most effective action to take.

Gibbons Law Firm is here for you!

We know this is tough, and not something you wanted. But if your marriage cannot be repaired, and your only option is divorce, we can help you get through it and look out for your best interests. At Gibbons Law Firm, we offer free initial consultations with our divorce lawyers in mid-Missouri. We are here to answer your questions and provide guidance through this difficult time. Our contact information is below for your convenience. If you are interested in more legal tips and information from our law firm, we invite you to follow us on our social media platforms using the links below.


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

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Thursday, January 6, 2022

Why a Landlord May Need a Trusted Attorney

Becoming a landlord at the Lake of the Ozarks can be a great opportunity for someone to create an income for themselves, and provide some much-needed housing.  Whether long-term or short-term, buying property at the Lake of the Ozarks for rent is a very popular investment. Being a landlord can involve a few legal issues though, and the better you protect yourself, the more likely you are to prevent lawsuits or losses in court. If you are thinking about becoming a landlord, or are already a landlord, and would like to hear a few common reasons why you may want to have an experienced attorney on your team, we invite you to keep reading this blog.

Creating a lease agreement

The more clearly a landlord and tenant understand the agreement, the easier it is for the tenant to comply, and for you to enforce. Having an excellent landlord-tenant attorney in mid-Missouri help you with your lease agreement can save you lots of headaches down the road and ensure that you are positioned the best way possible to protect you from any adverse legal action. The agreement should clearly outline all the specifics, like exactly who the tenants are, the terms of the lease, payment amounts and when they are due, deposits, fees or fines, etc. Gibbons Law Firm in Lake Ozark knows exactly what needs to be in your lease agreement to protect you as a landlord, and we are happy to help.  

Injury or illness

If you have a tenant claim an injury or illness due to negligence on your part, you don’t want to take it lightly. Of course, you know it is your responsibility to make sure that the home you’re renting is safe and hazard-free. That being said, if you are accused of something that is not due to your negligence, hiring an experienced attorney at Lake of the Ozarks is critical. Your lawyer can guide you on what to do, and if the tenants have a case.

Eviction

Having to evict a tenant is a terrible situation to be in. It is something you do not want to do without seeking legal advice first. You will want a lawyer who can guide you through the process and educate you on what your rights are as a landlord. If you’re going to take the steps to evict someone, you need to do it the right way, and an experienced attorney can show you the best way to go about it.

Property damage

This can go both ways. A landlord could have an issue where their tenants damaged the home they were renting, or the opposite, where tenants are claiming that their property has been damaged due to negligence on the landlord's part. Either way, having an attorney that you know and trust will make the situation much less stressful if it happens.  Again, your lawyer should be able to let you know if you (or they) have a case and how to proceed. 


These are just a few examples of why having a landlord-tenant attorney at the Lake of the Ozarks is a smart move!  If you were thinking about becoming a landlord, or are one now, and do not have an attorney, we hope you found this information helpful. If you would like to sit down with us and see what other ways we might be able to help you, give us a call! Your initial consultation is free. If you enjoyed this blog and would like to stay in touch and hear all our tips and information, be sure to follow us on our social media channels below. 


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

Follow us on...